Guiding You Through New York Family Law Appeals
If you believe a judge’s decision in your divorce or family law matter was incorrect, you have the option to file an appeal or a stay with the Appellate Division. The appellate attorneys at Bryant & Bleier, LLP, are ready to help you with all aspects of this complicated legal process. Based in New York City, our lawyers provide experienced family law appeals representation throughout the state of New York. Let our experienced legal team be your guide to filing an appeal.
When Is An Appeal An Option?
An appeal or a stay may be filed with the Appellate Division as a matter of right in relation to a wide range of divorce and family law orders, whether it is a pendente lite order or a final order. You may file an appeal from an order involving custody or parenting time, child support, spousal support, division of property and counsel fees. However, you cannot bring an appeal simply because you disagree with the outcome. An appeal must be based on the claim that an error was made by the lower court judge during your case either in the application of the law to the facts or procedurally. The Appellate Division has broad powers to review questions of law and fact, and to make new findings of fact. Our appellate attorneys will carefully review all of the prior decisions of the lower court as well as the circumstances around your case to help you fully understand all of your options as it relates to any possible appeal and how an appeal may impact your case as a whole.
The Basics Of The Appeals Process
Knowing what to expect can be critical when pursuing an appeal. Here are some of the main steps involved:
- Filing a notice of appeal: This initiates the process and lets the lower court and the opposing party know that you intend to appeal the court’s decision.
- Filing a motion to stay the proceedings, or stay the enforcement of the decision of the court pending the outcome of the appeal: In such a motion, you request that a proceeding or the enforcement of an order be put on pause while the appeal proceeds. This is an optional part of the appeal process, however, it is frequently necessary to achieve an optimal outcome.
- Filing appellate briefs: Your attorney and the opposing party will submit to the court your respective legal arguments in a formal written document called an appellate brief. A transcript of the relevant lower court proceedings must be included in your submission.
- Attending oral arguments: This in-person proceeding involves both sides presenting their arguments to an appellate court, which is typically a panel of four to six judges.
- Receiving a decision: The appellate court decides whether to affirm the order, reverse the order or modify the order. The court may also remand to the lower court for further proceedings.
Our New York appeals attorneys will explain each part of the process and guide you from beginning to end.
How Appeals Are Won
Supreme Court and Family Court judges sometimes get it wrong; and the higher court frequently asserts its broad power to review and correct lower court errors. While there is no way to guarantee the outcome of an appeal, certain steps will increase your chances of success. These include:
- Meeting all deadlines well in advance to ensure that you have time to review with your attorney and make thoughtful edits where necessary.
- Carefully review the trial record (transcripts).
- Presenting strong and clear legal arguments in the appellate brief that utilizes relevant and up-to-date legal precedent.
- Being well-prepared for oral argument.
An experienced and knowledgeable New York appellate attorney will help you with every step of the process. Your choice of who represents you in your appeal can be very impactful to the final outcome of your case.
Frequently Asked Question About Family Law Appeals In New York State
What is the time limit for filing a family law appeal in New York State?
In New York State, the legal timeline for filing a family law appeal with the Family Court must be one of three options:
- Within 30 days after you receive a copy of the order in open court
- Within 35 days after the county clerk mails you your order
- Within 30 days after service by a party or an Attorney for the Child (AFC), who is the lawyer who represents your children
Ideally, you (the appellant) must choose the option that arrives the earliest.
Is it possible to appeal a temporary order in a family law case?
Since a temporary order is not permanent and cannot impact the final decision of your family law case, you can file a notice of appeal for it. To begin the process, you need to complete one original and two copies of the following documents:
- Request for Appellate Division Intervention (RADI) form
- Your notice of appeal
- The temporary order you wish to appeal
You need to inform the other party of your intention to appeal by mailing them copies of the above documents. Keep in mind that you must submit both your paperwork and your ‘proof of mailing’ to the clerk of the New York Family Court when you file your appeal.
Can I represent myself in a family law appeal?
Yes, you may represent yourself in your New York State family law appeal. However, discussing your family’s affairs is often emotional to navigate on your own, which is why it is ideal to consult with a lawyer first before you proceed with your scheduled court appearance.
Contact A Trusted New York Appeals Law Firm Today
With more than three decades of experience, our attorneys are passionate advocates for families and children, as well as trusted legal advisors. We understand the intricacies of appeals, and we are ready to build and pursue strategies aimed at achieving the results you need. Contact us for a confidential consultation by calling our New York office today at 646-561-9227 or by sending us an email.